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The latest immigration and visa news for the USA, Canada, Australia, New Zealand, Ireland, and select European countries - straight from the leading immigrant advocates in the Philippines.

Lack of Documentation as Basis for Visa Refusal

A green card holder who has stayed outside the U.S. for more than 180 days or more could be considered as inadmissible. Permanent residents staying outside the U.S. for more than a year without a re-entry permit could be subjected to airport-to-airport proceedings.

Crispin ArandaSeptember 30, 2015

Lack of Documentation as Basis for Visa Refusal

(7) Documentation requirements.- 

(A) Immigrants.- 

(i) In general.-Except as otherwise specifically provided in this Act, any immigrant at the time of application for admission- 

(I) who is not in possession of a valid unexpired immigrant visa, reentry permit, border crossing identification card, or other valid entry document required by this Act, and a valid unexpired passport, or other suitable travel document, or document of identity and nationality if such document is required under the regulations issued by the Attorney General under section 211(a) or 

(II) whose visa has been issued without compliance with the provisions of section 203, is inadmissible. 

(ii) Waiver authorized.-For provision authorizing waiver of clause (i), see subsection (k). 

(BNonimmigrants.- 

(i) In general.-Any nonimmigrant who- 

(I) is not in possession of a passport valid for a minimum of six months from the date of the expiration of the initial period of the alien's admission or contemplated initial period of stay authorizing the alien to return to the country from which the alien came or to proceed to and enter some other country during such period, or 

(II) is not in possession of a valid nonimmigrant visa or border crossing identification card at the time of application for admission, is inadmissible.

(ii) General waiver authorized.-For provision authorizing waiver of clause (i), see subsection (d)(4). 

(iii) GUAM AND NORTHERN MARIANA ISLANDS VISA WAIVER- For provision authorizing waiver of clause (i) in the case of visitors to Guam or the Commonwealth of the Northern Mariana Islands, see subsection (l). 

(iv) VISA WAIVER  PROGRAM.-For authority to waive the requirement of clause (i) under a program, see section 217. 


Authors & Contributors

Crispin Aranda

Crispin Aranda

Crispin R. Aranda is an established International Visa Conselor and Immigrant Advocate. He is the president of IVC and is in several migration radio programs.

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